International Trade

  • October 30, 2014

    Miami Cos. Dinged For Insuring Sanctioned Individuals

    The U.S. Treasury Department on Wednesday slapped a trio of Miami, Florida, health insurance providers with a nearly $129,000 fine for issuing policies to various individuals whom the agency had previously sanctioned under its narcotics trafficking regulations.

  • October 30, 2014

    CIT Backs Commerce's Retooled Duties On Korean Sawblades

    The U.S. Court of International Trade upheld the U.S. Department of Commerce's revised anti-dumping duty order on shipments of diamond sawblades from South Korea on Wednesday, despite allegations from U.S. producers the agency bungled the process.

  • October 30, 2014

    New Zealand, Montenegro Commit To WTO's Procurement Pact

    The World Trade Organization has accepted New Zealand and Montenegro into its recently updated government procurement agreement, a move that will allow the countries access to the $1.7 trillion procurement market, the WTO said Wednesday.

  • October 30, 2014

    Despite Fervent Push, Fast-Track Bill Likely DOA In Congress

    Scores of business groups have amplified their calls for the U.S. Congress and the Obama administration to pass a new fast-track trade bill in the upcoming lame-duck legislative session, but experts are dubious of the prospects, citing staunch opposition among trade skeptics and the Senate leadership.

  • October 30, 2014

    Pillsbury Snags ITC Expert From Goodwin Procter

    Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.

  • October 30, 2014

    ITC Judge Recommends Import Ban On IP-Infringing Grills

    A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.

  • October 29, 2014

    Apotex Wants Sanctions In Generic-Lipitor Labeling Suit

    Drug manufacturer Apotex Corp. on Wednesday slammed a consumer’s suit that accused it of selling generic versions of Lipitor imported from India without proper labeling, saying the drugs were actually made in Canada and seeking sanctions in California federal court for the allegedly frivolous complaint.  

  • October 29, 2014

    Sazerac Recalls Whiskey In Scandinavia Over Flavor Chemical

    Sazerac Co. is recalling batches of its Fireball Cinnamon Whiskey product from Sweden, Norway and Finland, saying Tuesday that it mistakenly shipped them batches that were meant for the U.S. and contained higher levels of the flavoring chemical propylene glycol than European limits allow.

  • October 29, 2014

    Lands' End The Latest Retailer To Face 'Made In USA' Suit

    Clothing retailer Lands' End Inc. on Wednesday became the latest merchant to be hit with a proposed class action accusing the company of labeling foreign-made apparel as produced in the U.S., a tactic that a California consumer alleges has allowed the business to sell items at a higher price.

  • October 29, 2014

    Commerce Must Use Consistent Valuation Method, CIT Says

    The U.S. Court of International Trade on Wednesday ordered the U.S. Department of Commerce to reconsider its valuation method for a piece of land the government of Turkey gifted to a steel company, upon which a countervailing duty determination was made.

  • October 29, 2014

    Dairy Producers Want Japan Import Program Axed In TPP

    As U.S. negotiators race to knock down Japanese tariffs on valuable food items such as beef, pork and rice, domestic dairy producers on Tuesday stepped up their efforts to dismantle Tokyo's import management system, which they said propped up additional restrictions to foreign competition.

  • October 29, 2014

    ITC Begins 2nd Indian Trade Probe To Account For New PM

    The U.S. International Trade Commission on Tuesday launched its second investigation of India's trade and investment regime in just over a year, with the latest probe aimed at scrutinizing policy developments since the new Indian prime minister assumed power earlier this year.

  • October 29, 2014

    ITC Accepts Bose, Monster Earbud IP Settlement

    A U.S. International Trade Commission judge on Tuesday ended the investigation into whether Monster Inc. was importing earbud headphones that infringed Bose Corp.’s patents for a device that keeps earpieces inside a user’s ear, after determining their settlement was in the public interest.

  • October 29, 2014

    Industry Groups Not Sweet On US-Mexico Sugar Settlement

    The fallout from this week's blockbuster settlement of the ongoing trade battle between the U.S. and Mexico over sugar duties continued Tuesday as U.S. sugar producers welcomed the deal, while food and beverage manufacturers worried that the agreement could increase market uncertainty and drive up prices.

  • October 28, 2014

    China Faces $246K-Per-Day Sanctions In Gun Discovery Row

    China may be ordered to pay $246,500 per day in contempt sanctions for failing to respond to a couple's attempt to collect on a $9.8 million default judgment handed down in 1996, after a Chinese-made rifle killed their son, according to a D.C. federal court's Tuesday decision. 

  • October 28, 2014

    Apple Fights Revealing Source Code In ITC Import Probe

    In a U.S. International Trade Commission filing made public on Tuesday, Apple Inc. fought back against a patent holding company’s bid to allow its experts access to thousands of confidential documents describing technical details of nearly every consumer hardware device Apple sells.

  • October 28, 2014

    NML, Argentina Fight Over Energy Co. Subpoenas

    NML Capital Ltd. and the Republic of Argentina on Friday submitted competing briefs to a Texas federal court, with NML seeking to compel energy company documents related to its effort to collect on $2.5 billion in claims against the country, and Argentina seeking to quash those subpoenas.

  • October 28, 2014

    Nordstrom Can't Duck Suit Over ‘Made In USA’ Jean Labels

    A California federal judge on Monday wouldn’t let Nordstrom Inc. and a luxury denim manufacturer escape a proposed class action accusing them of falsely marketing jeans as “Made in the USA” when they actually contain foreign parts, finding that the suit’s claims weren’t preempted by federal law.

  • October 28, 2014

    OECD Told To Keep Arm's Length Rule In Developing Nations

    Comments published on Tuesday by the Organization for Economic Cooperation and Development in response to the group's paper on transfer pricing in developing countries said that the arm’s length standard should be preserved to avoid double taxation and tax authorities should avoid using so-called secret comparables.

  • October 28, 2014

    Lawmaker Urges TPP Transparency And Patience

    House Ways and Means Committee Ranking Member Sander Levin, D-Mich., on Monday expressed his concern about the current status of the Trans-Pacific Partnership talks in Australia after observing them over the weekend, calling for more transparency in negotations and an increased focus on its details.

Expert Analysis

  • 7th Circ. LCD Antitrust Case: Foreign Vs. US Interests

    Bob Bloch

    To preserve the delicate balance between antitrust enforcement and international comity inherent in the Foreign Trade Antitrust Improvements Act, the Seventh Circuit in Motorola Mobility LLC v. AU Optronics Corporation will need to weigh carefully the views of foreign agencies against the U.S. Department of Justice’s interest in prosecuting foreign cartels that harm U.S. consumers, say attorneys with Mayer Brown LLP.

  • How Russian Sanctions Impact Energy And Financial Cos.

    The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. In this brief video, Sutherland Asbill & Brennan partner Mark Herlach discusses recent key developments and what the latest round of sanctions mean for energy and financial services companies.

  • When Foreign Toys Are Toxic: How Importers Should Respond

    Allison M. Brown

    The size of the verdict as well as the evidentiary rulings sanctioned by the appellate court in Aleo v. SLB Toys USA Inc. reveal the difficulty of defending a case involving allegations of noncompliant foreign-made products, says Allison Brown of Weil Gotshal & Manges LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • FCPA Risks Abound For PE Firms And Their Insurers

    Elan Kandel

    The government’s Foreign Corrupt Practices Act claim against Alcoa Inc. should raise red flags for private equity firms since many of the indicia of agency noted are often components of the traditional private equity investment model. Although no firm has been subjected to parent-subsidiary liability for a portfolio company’s conduct, it is likely only a matter of time, says Elan Kandel of Cozen O'Connor.

  • How Esquenazi Will Play Out In Emerging Economies

    Jim Dowden

    Given the U.S. Supreme Court’s denial of a writ of certiorari in United States v. Esquenazi, it is important to digest the import of the Eleventh Circuit’s opinion and how it will play out in emerging economies. Companies with operations in these markets are at the mercy of a number of factors that weigh heavily in favor of state-owned entities qualifying as “instrumentalities,” say Jim Dowden and Samad Pardesi of Ropes & Gray LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • New Restrictions On Int'l Trade In Genetic Resources

    Bruce Manheim

    Although the U.S. has not signed or ratified the Nagoya Protocol, U.S. companies that utilize genetic resources from other countries for scientific research or commercial purposes will be subjected to these new requirements and restrictions. With many countries already vigorously enforcing such restrictions, the consequences of not fully complying may be draconian, says Bruce Manheim of WilmerHale.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.